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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
There’s not an easy answer, at least in terms of exactly how many days he certainly has. But, if you do have a right to dispose of his property as you want, it will be at least 15 days after you give him a “final” notice. On the other hand, while you may have some possible obligations to protect his property, he has even more responsibility to take care of his own property. One of the results of a divorce decree is a court has drawn a bold line between who has title to what property, debts, and assets. So start there:
Use Your Divorce Court Decree
Take a careful look at the decree. Does the final divorce decree address “personal property” or list any specific goods or chattel? It’s not uncommon for some things not to be included in the decree. Instead, a Florida court will have looked to see what was apparently martial versus non-marital property. Marital property is usually what you bought or paid for together during the marriage. If there was, for example, a freezer your husband owned before marriage, but you both paid to repair it during the marriage, then you both have some claim to it. Non-marital property is usually something you each owned before marriage, which received no increase in value due to the other spouse’s efforts or contribution, during the marriage. Some of the things your husband is claiming may be yours, at least in part. So be sure you know what he is asking for.
There’s a good chance you already do have a prepared list of how things were to be divided. If the court reviewed that list and made it a part of the equitable distribution, be sure “his” things are now clearly marked and as much as possible, put in one location of your house: preferably even in a locked area…perhaps the garage can be separately locked. If the decree was clear about the personal property, you can go back to that court to set a date for your ex to act. Here’s a good set of forms, which can help you prepare a petition to enforce the property portions of the decree (look at the forms for “miscellaneous relief” too), in the same court that handled the divorce… http://www.judiciary. state.nj.us/prose/10483_post_ jdg_kit.pdf.
Before moving any goods or even considering how to dispose/sell them, you should also get images and a new inventory of the items. Have a witness, who can testify as to the comprehensive list and condition of all the goods. Two legal situations you want to be aware of will include “bailment” and “conversion.” You might get free or low cost explanations of both these concepts: http://www. floridalegal.org/.
Send Written, Certified Notice
If you want to go ahead without getting any free or low-cost legal aid, or want to try and get rid of the property without going back to the family court, then you will keep track of (a) what you have told him so far (old emails?), and (b) if you have gotten any responses from him, and (c) send him a “final” notice telling him he has so many days left.
Though it’s not exactly the same, at least follow the rules laid out for landlord and tenant situation:
715.104 Notification of former tenant of personal property remaining on premises after tenancy has terminated.--
(1) When personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, through eviction or otherwise, the landlord shall give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property.
(2) The notice shall…
…and you can read the whole law here: http://www.flsenate.gov/Laws/ Statutes/2011/715.104.
You Can Even Sue Him
You could even claim to be due a reasonable storage and security fee. It’s reasonable to ask for some payment or a decree of forfeiture, since his leaving property there interferes with your property rights, diminishes the value of your home, and limits your ability to make some decisions without having some legal risks. In short, you may have been placed in a position of being a gratuitous landlord. One risk in this could be a claim by him that you have damaged some of his property. In reality, he might end up making this claim anyway. Be ready for it. That’s why I’d suggest giving him a ‘drop dead’ date (at least 15 calendar days from receipt of notice), noting in writing that you are making no promises, and have made no promises, to protect his property from deterioration or loss.
There’s not an easy answer, at least in terms of exactly how many days he certainly has. But, if you do have a right to dispose of his property as you want, it will be at least 15 days after you give him a “final” notice. On the other hand, while you may have some possible obligations to protect his property, he has even more responsibility to take care of his own property. One of the results of a divorce decree is a court has drawn a bold line between who has title to what property, debts, and assets. So start there:
Use Your Divorce Court Decree
Take a careful look at the decree. Does the final divorce decree address “personal property” or list any specific goods or chattel? It’s not uncommon for some things not to be included in the decree. Instead, a Florida court will have looked to see what was apparently martial versus non-marital property. Marital property is usually what you bought or paid for together during the marriage. If there was, for example, a freezer your husband owned before marriage, but you both paid to repair it during the marriage, then you both have some claim to it. Non-marital property is usually something you each owned before marriage, which received no increase in value due to the other spouse’s efforts or contribution, during the marriage. Some of the things your husband is claiming may be yours, at least in part. So be sure you know what he is asking for.
There’s a good chance you already do have a prepared list of how things were to be divided. If the court reviewed that list and made it a part of the equitable distribution, be sure “his” things are now clearly marked and as much as possible, put in one location of your house: preferably even in a locked area…perhaps the garage can be separately locked. If the decree was clear about the personal property, you can go back to that court to set a date for your ex to act. Here’s a good set of forms, which can help you prepare a petition to enforce the property portions of the decree (look at the forms for “miscellaneous relief” too), in the same court that handled the divorce… http://www.judiciary. state.nj.us/prose/10483_post_ jdg_kit.pdf.
Before moving any goods or even considering how to dispose/sell them, you should also get images and a new inventory of the items. Have a witness, who can testify as to the comprehensive list and condition of all the goods. Two legal situations you want to be aware of will include “bailment” and “conversion.” You might get free or low cost explanations of both these concepts: http://www. floridalegal.org/.
Send Written, Certified Notice
If you want to go ahead without getting any free or low-cost legal aid, or want to try and get rid of the property without going back to the family court, then you will keep track of (a) what you have told him so far (old emails?), and (b) if you have gotten any responses from him, and (c) send him a “final” notice telling him he has so many days left.
Though it’s not exactly the same, at least follow the rules laid out for landlord and tenant situation:
715.104 Notification of former tenant of personal property remaining on premises after tenancy has terminated.--
(1) When personal property remains on the premises after a tenancy has terminated or expired and the premises have been vacated by the tenant, through eviction or otherwise, the landlord shall give written notice to such tenant and to any other person the landlord reasonably believes to be the owner of the property.
(2) The notice shall…
…and you can read the whole law here: http://www.flsenate.gov/Laws/ Statutes/2011/715.104.
You Can Even Sue Him
You could even claim to be due a reasonable storage and security fee. It’s reasonable to ask for some payment or a decree of forfeiture, since his leaving property there interferes with your property rights, diminishes the value of your home, and limits your ability to make some decisions without having some legal risks. In short, you may have been placed in a position of being a gratuitous landlord. One risk in this could be a claim by him that you have damaged some of his property. In reality, he might end up making this claim anyway. Be ready for it. That’s why I’d suggest giving him a ‘drop dead’ date (at least 15 calendar days from receipt of notice), noting in writing that you are making no promises, and have made no promises, to protect his property from deterioration or loss.